1988-076iJ 18153
t8 SEP
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STATE OF ILLINOIS )
) SS.
COUNTY OF COOK & LAKE )
I, JANET M. SIRABIAN, hereby certify that I am the duly
elected, qualified and acting VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further certify that the attached is the original
of Ordinance No. 88-76 adopted on the 15th day of
August 19 88 by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this 25 th day of August
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Village Clerk
by Acting Deputy illage.
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8/15/88
CANTERBURY FIELDS (BILLINGS PROPERTY)
PLANNED UNIT DEVELOPMENT ORDINANCE
Table of Contents
1. Applicable Law..............................................2
2. Enactment of Zoning Ordinance...............................2
3. Approval of Plats...........................................2
4. Compliance with Applicable Ordinances .....................3
5. Amendment of Plan...........................................3
6. Building Permit and Engineering Consultant Fees ............4
7. Water Provision............................................4
8. Storm and Sanitary Sewer Provisions .......................5
9. Drainage Provisions.........................................6
10. Payment of Recapture Fees Owed ..............................6
11. Security for Public and Private Site Improvements ..........6
12. Exhibits....................................................7
13. Building, Landscaping and Aesthetics Plans .................7
14. Declaration of Covenents, Conditions and Restrictions ....... 8
15. Project Models.............................................8
16. Right of Way Dedication.....................................9
17. Park District Donation......................................9
18. Facilitation of Development.................................9
19. Enforceability of the Ordinance ..........................10
20. Binding Effect of Ordinance................................10
21. Corporate Capacities.......................................10
22. Notices...................................................10
23. Special Conditions.........................................11
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CA 'UBURY FIELDS (BILLINGS PROPER"
PLANNED UNIT DEVELOPMENT
LOCATION MAP
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8/15/88
LORDINANCE NO. 88- 76
CANTERBURY FIELDS (BILLINGS PROPERTY)
PLANNED UNIT DEVELOPMENT ORDINANCE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, DARTMOOR CONSTRUCTION CORP. (hereinafter referred to as the
"Developer") is the developer of a certain tract of property comprising
59.527 acres legally described and identified in EXHIBIT A attached hereto,
which exhibit is made a part hereof (hereinafter referred to as the
"Property") and which real estate is within the corporate limits of the
Village; and,
WHEREAS, said Property is zoned in the R-E (One Family Dwelling) Dis-
trict by the Village; and,
WHEREAS, the Village has received a petition for rezoning the Property
to the R-2 (One Family Dwelling) District with a special use for a Residen-
tial Planned Unit Development and for approval of a Preliminary Plan; and,
WHEREAS, the Developer proposes to construct 102 single-family dwelling
units on the Property pursuant to a Preliminary Plan dated June 27, 1988
attached hereto as EXHIBIT B, and a Preliminary Engineering Plan dated July
1, 1988 (revised) attached hereto as EXHIBIT C, (EXHIBITS B &,C are hereinaf-
ter referred to as the "Preliminary Plan"), and subject to all other exhibits
attached hereto or incorporated by reference herein; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made their recommendations
pursuant to Chapter 17.28.050.E. and 17.40.020 of the Zoning Ordinance with
respect to the requested Preliminary Plan in the R-2 District with a special
use for Residential Planned Unit Development; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the zoning and development of the Property
on the' terms and conditions herein set forth would further enable the Village
to control the development of the area and would serve the best interests of
the Village; and,
WHEREAS, the President and Board of Trustees of the Village (sometimes
hereinafter referred to as the "Corporate Authorities") do hereby find that
the evidence presented meets the requirements for a special use for a Res-
idential Planned Unit Development and for variations to the Village's Devel-
opment Ordinance and Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
1. Applicable Law. This Ordinance is made pursuant to and in accor-
dance with the Village's Zoning Ordinance and the Village's Home Rule powers.
The preceding whereas clauses are hereby made a part of this Ordinance.
2. Enactment of Zoning Ordinance. The Corporate Authorities hereby
adopt a proper, valid and binding ordinance approving a Residential Planned
Unit Development for the Property legally described in EXHIBIT A in the R-2
District subject to the restrictions further contained herein and all appli-
cable ordinances of the Village of Buffalo Grove as amended from time to
time. Said zoning shall be further conditioned on the development of the
Property in accordance with a Preliminary Plan (EXHIBIT B) dated June 27,
1988 and the Preliminary Engineering Plan (EXHIBIT C) dated July 1, 1988
(revised).
3. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBITS B & C) pursuant to the provisions of the Develop-
ment.Ordinance and in addition will approve a plat or plats upon submission
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by the Developer of complete and proper materials as required for the
issuance of appropriate building and other permits based on final versions of
the plans and drawings of the development of Property as submitted by the
Developer provided that the plat or plats shall:
(a) conform to the Preliminary Plan (EXHIBITS B & C); and
(b) conform to the terms of this Ordinance and all applicable Village
Ordinances as amended by time to time; and,
(c) conform to the Development Improvement Agreement (EXHIBIT D) as
amended from time to time.
4. Compliance with Applicable Ordinances The Developer will comply
with all ordinances of the Village of Buffalo Grove as amended from time to
time in the development of the Property, provided that all new ordinances,
amendments, rules and regulations relating to zoning, building and subdivi-
sion of land adopted after the date of this Ordinance shall not be arbitrari-
ly or discriminatorily applied to the Property but shall be equally applica-
ble to all property similarly zoned and situated to the extent possible.
Developer, in the development of the Property, shall comply with the stan-
dards set forth in the Village of Buffalo Grove Development Ordinance as
amended from time to time. Notwithstanding the provisions of this Paragraph,
no zoning changes will be applied that would adversely affect the development
of the Property pursuant to the Preliminary Plan.
5. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Plan, as herein approved, such changes in the Preliminary Plan
will require, if the Village so determines, the submission of amended plats
or plans, together with proper supporting documentation, to the Plan Commis-
sion and/or the Corporate Authorities to consider such changes to this
Ordinance. The Corporate Authorities may, at their sole discretion, require
additional public hearings and may review the commitments of record contained
in this Ordinance, including, but not limited to fees, prior to final
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consideration of any change in the Preliminary Plan. The Village Manager is
hereby authorized to approve such minor changes as he deems appropriate,
provided that no such change involves a reduction of the area set aside for
common open space.
6. Building Permit and Engineering Consultant Fees The building
permit fees may be increased from time to time so long as said permit fees
are applied consistently to all other developments in the Village to the
extent possible. In the event a conflict arises between the Developer and
the Village on any engineering and technical matters subject to this Ordi-
nance, the Village reserves the right to pass along any and all reasonable
additional expenses incurred by the use of consultants in the review and
inspection of the development from time to time. Developers shall pay any
non-discriminatory new or additional fees hereinafter charged by the Village
to Developer or property within the Village.
7. Water Provision. The Developer shall be permitted and agrees to
tap on to the Village water system at points as shown on EXHIBIT C recommend-
ed by the Village Engineer. It is understood that changes to the Preliminary
Engineering Plan may be required at the time of final engineering. The
Developer further will pay to the Village such fees in accordance with the
applicable Village Ordinances at the time of the issuance of the water and
sewer permits. The Developer will accept any increase in water rates and tap
on fees provided such rates and fees apply consistently to all other similar
users in the Village to the extent possible. Following such tap on, the
Village will provide to the best of its ability and in a non-discriminatory
manner water service to all users on the Property in accordance with the
Preliminary Plan. Watermains serving the Property and those approved as part
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of the development shall be installed by the Developer and, except for
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service connections to the buildings, shall, upon installation and acceptance
by the Village through formal acceptance action by the Corporate Authorities,
be dedicated to the Village and become part of the Village water system
maintained by the Village.
8. Storm and Sanitary Sewer Provisions
A. The Corporate Authorities shall cooperate with the Developer
and use their best efforts to aid Developer in obtaining such permits from
governmental agencies having jurisdiction as may be necessary to authorize
connection from the proposed development to the Lake County Public Works
Department for the collection of sewage as may be appropriate. The Developer
shall construct on -site and off -site sanitary sewers as may be necessary to
service the Property, as per EXHIBIT C, however, it is understood that
changes to the Preliminary Engineering Plan may be required at the time of
final engineering. Upon installation and acceptance b the Village through Y g
formal acceptance action by the Corporate Authorities, the Corporate Author-
ities will operate and maintain such systems, except for sanitary sewer
service connections. The Developer accepts any increase in sewer rates and
tap on fees, provided that such fees and rates are applied consistently to
all similar users in the Village to the extent possible.
Developer acknowledges that a portion of the Property will be tributary
to a sanitary sewer which will be constructed by others. Any recaptures due,
as determined by the Village, will be paid within thirty (30) days upon
determination of final amounts due.
B. The Developer shall also construct on the Property storm
sewers which may be necessary to service the Property, as per EXHIBIT C,
Qlhowever, it is understood that changes to the Preliminary Engineering Plan
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may be required at the time of final engineering. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate
Authorities, the Corporate Authorities will operate and maintain that portion
of the storm sewer system which serves public streets or multiple properties.
The Developer or successors will operate and maintain the balance of the
system and the storm sewer system located on the subject Property, and shall
record a covenant to that effect within thirty (30) days of the recording of
the Plat.
The storm sewer outlet in the Village of Long Grove as reflected on
EXHIBIT C, has not been approved by the Village of Long Grove. If same is
not approved, Developer would need to either allocate more area for detention
(due to the existing outlet being at a higher elevation) or build an outlet
sewer along Port Clinton Road west to the creek.
9. Drainage Provisions. The Developer shall fully comply with any
request of the Village Engineer related to the placement of buildings on lots
to preserve drainage standards. The Developer shall install any storm sewers
and/or inlets which are required to eliminate standing water or conditions of
excess sogginess which may, in the opinion of the Village Engineer, by
detrimental to the growth and maintenance of lawn grasses.
10. Payment of Recapture Fees Owed. Except as set forth in Paragraph 8
hereof, any amount of recapture required to be paid by this Property by
Village Ordinance, shall be due and payable upon platting of this
development.
11. Security for Public and Private Site Improvements Security for
public and private site improvements shall be provided in accordance with the
Development Ordinance, and the Development Improvement Agreement (EXHIBIT D)
as amended from time to time. Any letter of credit issued for such
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+ improvements shall be drawn on a financial institution of net worth
reasonably satisfactory to the Village Attorney. The issuer may have an
equitable or lending interest in the Property provided that the letter of
credit, either by its own terms or by separate written assurances of the
issuer, shall be honored irrespective of that interest. The Village shall
have the right to draw up to the full amount of the letter of credit in order
to complete, and have formal acceptance of, all improvements secured by the
letter of credit.
12. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearing held
before the Plan Commission and the Corporate Authorities prior to the exe-
cution of this Ordinance, are hereby incorporated by reference herein, made a
part hereof, and designated as shown below. This Ordinance, together with
copies of all EXHIBITS, shall be kept on file with the Village Clerk and be
available for inspection to the parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Preliminary Plan by Planning Design Consultants, dated
June 27, 1988 (revised)
EXHIBIT C Preliminary Engineering Plan by Consoer Townsend and
Associates, Inc. dated July 1, 1988 (revised)
EXHIBIT D Development Improvement Agreement
EXHIBIT E Illustration of side yard variation for side -loading
garages by Planning Design Consultants, dated May 13,
1988
EXHIBIT F Conceptual park plan as amended by the Village of Buffalo
Grove, August 8, 1988
13. Building, Landscaping and Aesthetics Plans Developer will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances) for approval by the Appearance Commission
and the Corporate Authorities before commencing construction of buildings.
Said plans shall include ornamental fencing to be constructed on the Property
along Buffalo Grove Road. It is understood that if Developer constructs
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custom homes, as determined by the Village's Director of Building and Zoning,
Appearance Commission approval for individual homes shall not be required.
Phases not under construction or completed shall be maintained in a neat and
orderly fashion as determined by the Village Manager.
14. Declaration of Covenants, Conditions and Restrictions. The Proper-
ty shall be subject to a declaration of covenants, conditions and re-
strictions ("Declaration") which shall include but not by way of limitation a
provision whereby the Village shall have the right, but not the obligation to
enforce covenants or obligations of the association and/or the owners of the
units as defined and provided within the Declaration, and further shall have
the right, upon thirty (30) days prior written notice (except in case of
emergency) specifying the nature of a default, to enter upon the Property and
cure such default, or cause the same to be cured at the cost and expense of
the association or the owners. The Village shall also have the right to
charge or place a lien upon the Property for the repayment of such costs and
expenses, including reasonable attorneys' fees in enforcing such obligations.
The declaration shall further provide that this provision may not be amended
without the prior approval of the Village. The Declaration shall be submitted
to the Village for review and approval.
15. Project Models. The Village agrees to permit the Developer to
construct and maintain one (1) model area on the Property at any given time,
consisting of a maximum of five (5) buildings, together with suitable
off-street parking areas, all subject to Appearance Commission approval.
Such construction shall be in compliance with the provisions of the Village's
Building Code in existence at the time of building permit issuance. Further,
the Developer may utilize models only as a project office for the marketing
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of portions of the Property. Such use shall be discontinued when the project
L, contemplated herein has been fully and finally completed.
16. Right of Way Dedication. Developer shall dedicate a right-of-way
of 105 feet in width for the extension of Buffalo Grove Road as depicted in
EXHIBITS B and C.
17. Park District Donation: At the request of the Village, the open
space/detention area of 2.6-acres and 6 contiguous lots from Lots 1 through 6
of Block 7 as depicted in EXHIBITS B and C, shall be conveyed by the
Developer to the Village. Said dedication shall fulfill the Developer's
parkland obligation for the Property pursuant to Title 19 of the Buffalo
Grove Municipal Code.
The Village has represented that said lands will be used as a low
profile recreation area. No organized league games or league practice
sessions will be permitted on this Property. Uses such as tennis courts and
playgrounds and tot lot activitycenters
are permitted. Also, structures
which need to be installed on the open lands to promote and enhance safety
would be permitted. A conceptual park plan is attached hereto as EXHIBIT F.
The layout and design of this park shall be subject to review and approval of
the Corporate Authorities.
18. Facilitation of Development. Time is of the essence, and all
parties will make every reasonable effort to expedite implementation of this
Ordinance. It is further understood and agreed that the successful consum-
mation of this Ordinance and the development of the Property in the best
interests of all the parties and requires their continued cooperation. The
Developer does hereby indicate his intention to fully comply with all Village
requirements, his willingness to discuss any matters of mutual interest that
may arise, and his willingness to assist the Village to the fullest extent
2718153
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possible. The Village does he indicate its intention to always cooperate
in the resolution of mutual problems and its willingness to facilitate the
development of the Property, as contemplated by the provisions of this
Ordinance.
19. Enforceability of the Ordinance. This Ordinance shall be enforce-
able in any court of competent jurisdiction by any of the parties or by an
appropriate action at law or in equity to secure the performance of the
covenants herein described. If any provision of this Ordinance is held
invalid, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the provisions contained herein.
20 Binding Effect of Ordinance. This Ordinance shall be binding upon
the Property, the Developer, and its respective successors and assigns.
21. Corporate Capacities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Author-
ities are entering into this Ordinance in their official capacities as
members of such group and shall have no personal liability in their individu-
al capacities.
22. Notices. Any notice required pursuant to the provisions of this
Ordinance shall be in writing and be sent by certified mail to the following
addresses until notice of change of address is given and shall be deemed
received on the fifth business day following deposit in the U.S. Mail.
If to Developer: Patrick Taylor, President
Dartmoor Construction Corp.
2500 W. Higgins, Suite 460
Hoffman Estates, IL 60195
Copy to: Richard Wexler, Esq.
Sachnoff Weaver and Rubinstein, Ltd.
30 South Wacker Drive, 29th Floor
Chicago, IL 60606-7484
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If to Village:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Bloche', French & Raysa
1140 Lake Street, Suite 400
Oak Park, IL 60301
23. Special Conditions.
A. The following variation to the Village's Development Ordinance
is hereby granted:
1. Section 16.50.040.C.3.: to allow a 5:1 side slope in the
dry detention basins instead of a 6:1 side slope.
B. The following variation to the Village's Zoning Ordinance is
hereby granted:
1. Section 17.40.020.B.: to allow a minimum interior side
yard setback of 5 feet with combined -side yards of not less than 20 feet on
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each lot, and'a minimum distance of 20 feet between houses on adjoining lots.
Said variation is granted only for those lots on which houses with
side -loading garages are constructed. EXHIBIT E hereto illustrates said
zoning variation to allow side -loading garages.
No side yard fence 'shall be allowed along a driveway where the side
yard variation is used, or on the adjoining lot. Said restriction prohibits
fences from the rear -most portion of the driveway to the front of the house.
C. Developer shall construct the following street improvement as
approved by the Village Engineer:
Buffalo Grove Road - Buffalo Grove Road shall ultimately consist of
a 10" P.C.C. standard reinforced pavement over a 4" stabilized base course
(CA6), with four 12 foot travel lanes, 16 foot median (including left turn
lanes) and B6:24 curb and gutter and shall comply with the applicable FAUS
11
standards and as approved by the Village Engineer. It is agreed that the
Developer shall be responsible for the construction of approximately one-half
of this improvement as determined by the Village, which shall be completed
within twenty-four (24) months of the date of this Ordinance. Left and right
turn lanes shall be provided by the Developer at all street intersections.
Developer shall provide trees in the landscaped median as approved by
the Village Engineer. Said trees shall be Thornless Skyline Honeylocust (23
inch caliper), planted 40 feet on -center.
D. The 8-foot wide bikepath along Buffalo Grove Road shown on
EXHIBITS B and C shall be constructed on the east side of said street.
E. An ornamental fence shall be constructed along both sides of
Buffalo Grove Road, and shall be maintained by the association as established
in Paragraph 14. Said fence shall be approved by the Appearance Commission
and Zoning Board of Appeals, if necessary, pursuant to Paragraph 13.
Developer shall provide for any necessary fence easements. No fence other
than the proposed ornamental fence shall be allowed along Buffalo Grove Road.
F. At the request of the Village, the Developer shall convey to
the Village the 1.5-acre open space/detention area in the northeast corner
and the 1.3-acre detention area in the southeast corner of the Property as
shown on EXHIBIT B hereto.
24. This Ordinance shall be in full force and effect from and after its
passage and approval. This Ordinance shall not be codified.
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AYES: 5 - Marienthal. Glover- Reid, Shialds- Shifrin
NAYES: 0 - None
ABSENT: 1 - Mathias
PASSED: August 15 , 1988
APPROVED: August 15 1988
ATTEST: -x
APPROVED:
VER A L. CLAYTON, Village President
2718153
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EXHIBIT A
CANTERBURY FIELDS (BILLINGS PROPERTY)
PLANNED UNIT DEVELOPMENT
LEGAL DESCRIPTION: The Northeast Quarter of the Southeast Quarter and the
North half of the Southeast Quarter of the Southeast Quarter of Section 17,
Township 43 North, Range 11, East of the Third Principal Meridian, in Vernon
Township, Lake County, Illinois (excepting the North 30.00 feet thereof
which is that part falling within the Port Clinton Road right-of-way).
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As revised by
Village of Buffalo Grove
August 8, 1988
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